PEOPLE v. MILLER

No. G033762.

52 Cal.Rptr.3d 894 (2007)

146 Cal.App.4th 545

The PEOPLE, Plaintiff and Respondent, v. Mason G. MILLER, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Three.

January 4, 2007.


Attorney(s) appearing for the Case

David K. Rankin, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Sehons, Assistant Attorney General, James D. Dutton, Charles C. Ragland and Garry Haehnle, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOORE, J.

This is an appeal from the trial court's denial of defendant's motion to suppress evidence pursuant to Penal Code section 1538.5. At the suppression hearing, the prosecution conceded defendant was detained without a warrant, probable cause, or reasonable suspicion. Its opposition was confined to the argument that the search was valid because of defendant's probation status, which was unknown to law enforcement at the time of the detention...

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